B.S.YADAV, J. - (1.) IN this petition filed by Kaka Singh for issuance of a writ in the nature of habeas compass and for issuing a direction on the State Government not to force the condition of actual imprisonment of 8-1/2 years and to pass orders regarding his premature release case on the basis of 14 years' sentence including remissions. The grievance of the petitioner is that though he has undergone more than 14 years of imprisonment including remissions but the State Government is not considering his pre-mature release case on the ground that he has not undergone 8-1/2 years actual sentence. The petitioner was sentenced to imprisonment for life on 12th October, 1972 under section 320 of the Indian Penal Code. According to him, the period spent by him in jail including remissions is as follows :- Years Months Days Actual sentence undergone 6 0 15 Under trial period 0 10 7 Sub Total 6 10 22 Remissions earned 6 10 9 13 9 1 The above position is said to be as on 9.6.1983. After that the petition is said to have undergone 1 months and 16 days imprisonment and has earned remissions of more than a month.
(2.) IN the return, the plea of the Punjab State is that in view of the Punjab Government memo No. 13311-6JJ-71139656 dated 10.11.1971 the prisoner is required to undergo 8-/12 years of his actual sentence and in all 14 years of imprisonment inclusive of remissions, if any, and since he has not completed the prescribed period of actual sentence, he is not entitled to have his pre-mature release case considered. According to the State, the petitioner has undergone only 6 years 15 days' actual sentence. The petition is liable to be dismissed on the short ground that the petitioner has not completed 14 years of imprisonment including remissions as required by paragraph 516-B of the Punjab Jail Manual before his pre-mature release case can be considered. However, as other point were also raised therefore, I will discuss those points.
(3.) THIS learned counsel for the petitioner has attacked the legality of the said instructions of 1971 and has further urged that in case those instructions are held legal, the period of detention undergone by the petitioner as undertrial prisoner should be counted towards the period of substantive sentence of 8-1/2 years which he is required to under those instructions.;